The Dan Markel Case: Katherine Magbanua's Date With Destiny
A first-degree murder charge might be back on the table.
Katherine Magbanua (Broward County Sheriff’s Office)
Back in October, I wrote about an interesting change in the criminal docket for Katherine Magbanua, the woman accused of acting as a conduit in the Dan Markel case between the two alleged hitmen and whoever ordered Professor Markel’s murder. It looked like the charge against her got downgraded from first-degree to second-degree murder.
As it turned out, however, that change was apparently made for procedural reasons. As noted in an update to our story, Christopher DeCoste, one of Katie Magbanua’s lawyers, explained that the change in charge “could be a defensive move by the government. A Florida prosecutor can file an information (charging document) for all crimes except capital offenses, which require a Grand Jury indictment, but they are not always in session. Had they not filed something today, the 21st day, the Defense could move for an Adversary Preliminary Hearing, which turns into a mini-trial and can result in an outright release.”
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The grand jury will meet tomorrow. And Magbanua might once again face first-degree murder charges, as reported by WCTV:
Prosecutors intend to present their case against Katherine Magbanua to a grand jury [this] week. Magbanua was arrested in October. She is facing second-degree murder charges in the death of FSU professor Dan Markel.
Assistant State Attorney Georgia Cappleman says the grand jury is scheduled for November 29th and she will seek a first-degree murder indictment against Magbanua.
Yikes. DeCoste previously told us that Magbanua is not cutting any deal with the government because she is innocent of the charges against her. But it still might be unnerving, for a mother of two with no criminal record, to face one of the most serious charges in the entire criminal law.
DeCoste and his co-counsel, Tara Kawass, claim that their client is ready for the coming legal battle. Here’s the statement they issued after I contacted them for comment on the upcoming grand jury proceedings:
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Because Katie has maintained the truth, that she is innocent and had nothing to do with this, the prosecution has decided to tighten the screws a little more. That’s how they broke Luis Rivera and got him to lie. But Katie is much stronger than that thug. Plus, she has the truth on her side. That’s a powerful ally.
The truth is powerful indeed. And we all look forward to its emergence in this case.
Case against Katherine Magbanua headed to grand jury [WCTV]
Grand jurors weighing Magbanua’s connection to Markel murder [Tallahassee Democrat]
Earlier: The Dan Markel Case: Is Katherine Magbanua Cutting A Deal?
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David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.
